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Obligations of provider of technical assistance under Article 8
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16. (1) Subject to subsection (5), a provider of technical assistance who contravenes Article 8.1 shall be guilty of an offence.
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(2) (a) Subject to subsection (5), where a provider of technical assistance is aware that a dual-use item specified in Annex I in relation to which he or she proposes to provide technical assistance is intended for use in a manner specified in paragraph (a), (b) or (c) of Article 4.1, he or she shall, at least 60 days before the provision of the technical assistance, give notice to the competent authority.
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(b) A provider of technical assistance who contravenes paragraph (a) shall be guilty of an offence.
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(3) Subject to subsection (5), a provider of technical assistance who, having been informed by the competent authority that a dual-use item not specified in Annex I is or may be intended for use in a manner specified in paragraph (a), (b) or (c) of Article 4.1, provides technical assistance in relation to the dual-use item, shall be guilty of an offence.
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(4) (a) Subject to subsection (5), where a provider of technical assistance has grounds to suspect that a dual-use item, whether or not specified in Annex I, in relation to which he or she proposes to provide technical assistance is or may be intended for use in a manner specified in paragraph (a), (b) or (c) of Article 4.1, he or she shall, at least 60 days before he or she provides the technical assistance, give notice to the competent authority of his or her grounds to so suspect.
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(b) A provider of technical assistance who contravenes paragraph (a) shall be guilty of an offence.
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(5) This section shall not apply to the provision of technical assistance in relation to a dual-use item where the technical assistance—
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(a) is provided within or into the territory of a destination specified in Part 2 of Section A of Annex II,
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(b) takes the form of transferring information that is in the public domain or consists of basic scientific research,
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(c) is provided to the Permanent Defence Forces on the basis of tasks assigned to them,
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(d) is provided for a basis or purpose which is cited in the exemptions from items of the Missile Technology Control Regime in Part I of Annex IV, or
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(e) is the minimum necessary for the installation, operation, maintenance (including checking) or repair of a dual-use item for which an authorisation has been granted and is in force.
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